§ 1 Contracting parties
These General Terms and Conditions including the associated appendices (“GTC”) conclusively govern the contractual relationship between Mr. Andreas Treubert (“Service Provider”) and the contractual partner designated in the order confirmation (“Customer”).
§ 2 Scope and subject matter of the contract
- These conditions apply only to consumers. Consumer within the meaning of § 13 BGB (German Civil Code) is any natural person who concludes a legal transaction for purposes which can predominantly not be attributed to his commercial or self-employed professional activity.
- The subject of the contract is the use of the web application called One-folder. This is a document management system (DMS) combined with a document search. In this password-protected and secure web application, the customer can upload his scanned documents (file type: PDF, image, etc.). The application then reads the text in it and saves the text in the database. The user can now search for the text in the documents. Each user can of course only view his or her own data after logging in. Furthermore, an e-mail import is available, each user with a paid subscription gets a unique e-mail address to which he or she can send his or her PDF files and documents. These are then imported into his user account.
- Plan self hosted (paid)
You are allowed to use one folder within your own network/server
- Plan cloud (paid)
You’ll get access to one folder on an own server which is located in munich germany.
- Plan managed (paid)
You are allowed to use one folder within your own network/server. The administration is done by the Service Provider.
- Plan self hosted (paid)
The subscription can be increased to a higher level, then only the remaining amount will be charged for the remaining month.
Other services on request and by individual agreement.
Unless otherwise stated in Mr. Treubert’s product description(s) and these GTC, the customer will not receive any additional support services such as updates to the purchased Mr. Treubert software (Updates) or individual application support by Mr. Treubert would have to be individually negotiated.
§ 3 Conclusion of contract
The software products and additional services described in the online shop do not constitute binding offers on the part of Mr. Treubert, but serve to submit a binding offer by the customer (so-called invitatio ad offerendum).
Order processing usually takes place via e-mail and automated order processing.
After placing the selected product in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the products contained in the shopping basket by pressing the button at the end of the ordering process.
The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by Mr Treubert can be received at this address.
When submitting an offer via the online order form, the order text is stored and sent to the customer with the order confirmation, whereby the contract is concluded.
The present revocation instruction is provided to the customer once again separately with the order confirmation in text form (e.g. e-mail, fax or letter). Only the German language is available for the conclusion of the contract.
§ 4 Revocation instruction
If the customer is a consumer within the meaning of § 13 BGB (German Civil Code), the customer shall be informed of his statutory rights of revocation in accordance with the EU Consumer Rights Directive for contracts for the delivery of digital content and for contracts for the provision of services as follows:
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period shall be fourteen days from the date of conclusion of the contract.
In order to exercise your right of revocation, you must send an e-mail to
Mr. Andreas Treubert
82362 Weilheim, Germany
by means of a clear statement (e.g. a letter sent by post or e-mail to email@example.com) of your decision to revoke this Agreement.
You may use the sample withdrawal form attached to http://one-folder.com/wp-content/uploads/2018/02/Widerrufsmuster.pdf for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
Expiry of the right of withdrawal
According to § 356 para. 4 BGB (German Civil Code), the right of revocation expires in the case of a contract for the provision of services even if the entrepreneur has completely provided the service and has only begun with the execution of the service after the consumer has given his express consent to this and at the same time has confirmed his knowledge that he loses his right of revocation in the case of complete fulfilment of the contract by the entrepreneur.
According to § 356 para. 5 BGB (German Civil Code) the right of revocation expires in the case of a contract for the delivery of digital content not on a physical data carrier even if the entrepreneur has begun to execute the contract after the consumer has expressly agreed that the entrepreneur begins to execute the contract before the expiry of the revocation period and has confirmed his knowledge of the fact that he loses his right of revocation by his consent with the beginning of the execution of the contract.
§ 5 Copyrights
The copyrights to the Internet presence remain with the service provider. The customer does not acquire any intellectual property rights to the software provided. The source code of the software is not part of the contract.
The respective product descriptions on the Internet presence (product packages) are decisive for the quality of the Internet presence provided by Mr Treubert.
§ 6 Information on Online Dispute Resolution under the ODR Regulation (EU) No. 524/2013
As far as the customer is a consumer in the sense of § 13 BGB (“Consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity”), the customer is informed as follows:
The EU Commission provides a platform (“OS Platform”) for online dispute resolution on the Internet under the following link: http://ec.europa.eu/consumers/odr/. This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 7 Performance of a contract
The fulfilment towards the customer takes place exclusively by communication of the access data on the web page and by the use in the form of storage of data.
For the observance of any delivery dates the time is decisive when the access is made available on the net and the customer has been informed of this by Mr Treubert.
§ 8 Remuneration
Mr. Treubert receives a lump-sum licence fee for the use of the Internet presence, granting the necessary rights of use, the amount of which is specified in the respective product description.
- Plan self hosted (paid)
per user per month = Euro 2,43 + 19 % tax (0,57) = Euro 3 per month
- Plan cloud (paid)
per user per month = Euro 8,10 + 19 % tax (1,90) = Euro 10 per month
- Plan managed (paid)
will be discussed per customer
Mr. Treubert shall receive a remuneration for the provision of the additional services offered by Mr. Treubert, which shall result from the respective product description.
The indicated prices are total prices and include the legal sales tax.
The customer has various payment options available, which are indicated in the online shop of Mr. Treubert, payment is possible as standard via Paypal, because of other payment methods please query.
If prepayment by bank transfer is agreed, the payment is due immediately after contract conclusion, provided that the parties do not agree a later due date. If prepayment by credit card has been agreed, the customer’s credit card account shall be debited immediately after conclusion of the contract, unless the parties have agreed on a later due date.
In the event of default in payment, the statutory provisions shall apply in the event of default in payment.
§ 9 Rights of use
Mr Treubert grants the customer a simple, unlimited, transferable right to use the Internet access in the agreed hardware and software environment for private and/or business purposes.
The customer is not granted a right of processing.
According to § 158 para. 1 BGB (German Civil Code), the granting of rights is only effective under a condition precedent when the customer has paid the owed remuneration in full.
If the customer seriously violates the agreed rights of use, Mr. Treubert may extraordinarily terminate the granting of the rights of use to the affected software. As a rule, this presupposes, insofar as this is reasonable, an unsuccessful warning with a reasonable deadline.
The other statutory and contractual provisions shall remain unaffected.
§ 10 Warranty
The statutory provisions of the German Civil Code (BGB) shall apply in this respect.
§ 11 Liability
The liability for simple (slight) negligent breach of duty is excluded, as far as this does not concern essential contractual obligations or guarantees, it does not concern damages from the injury of life, body or health and claims according to the product liability law remain unaffected.
In the event of a loss of data for which Mr Treubert is responsible, Mr Treubert shall only be liable for the costs of duplicating the data for the backup copies to be made by the customer and restoring the data which would have been lost even if the data had been properly backed up. In all other respects, the statutory provisions shall apply.
The above provisions also apply to the managing directors, legal representatives, employees and other vicarious agents of Mr Treubert.
Although an attempt is made to protect your data, 100% security of your data cannot be guaranteed due to security gaps in external hardware or software, etc. Therefore, you should always make your own backup copies.
§ 12 Privacy notice
The provisions on data protection for the operation of Mr Treubert’s web portal are set out in the applicable version of the data protection declaration.
Reference is made to the privacy notice
For the rest, information on any data collection or data processing procedures by Mr Treubert is provided in the form of separate declarations.
§ 13 Choice of law and place of jurisdiction
German law (Federal Republic of Germany) shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers (§ 13 BGB), this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The place of jurisdiction shall be that of the consumer.
§ 14 Concluding provisions
Amendments and supplements to this contract must be made in writing. Verbal ancillary agreements shall not be made. General terms and conditions of the customer are not part of this contract and have no validity for this contractual relationship.
Should a provision of this contract or a provision incorporated into it later be or become invalid in whole or in part, or should a gap in this contract or its amendments become apparent, this shall not affect the validity of the remaining provisions. The parties are aware that a severability clause can only reverse the burden of proof. However, it is the express intention of the parties to maintain the validity of the remaining contractual provisions under all circumstances and thus to exclude § 139 BGB in its entirety. Instead of the ineffective/null provision or to fill the gap, the effective and practicable provision which legally and economically comes closest to what the parties wanted or would have wanted according to the sense and purpose of the contract and its subsequent possible additions, if they had considered this point when concluding the contract, shall be agreed. If the nullity of a provision is based on a measure of performance or time (period or deadline) specified therein, the provision shall be agreed with a legally permissible measure that comes closest to the original measure.
This text was automatically translated from german into english. Please refer to the original german version.